Sanjay Kumar (Deceased) vs Bintoos/O Virendra Singh
2022 Latest Caselaw 6579 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 2467/2022

1.      Sanjay Kumar (Deceased)
2.      Prem Kumar S/o Sanjay Kumar age approx. 19 years
3.      Kumari Manisha D/o Late Sanjay Kumar, age approx 16
        Years, Minor, Through Guardian, Her Brother Prem Kumar,
        R/o Bhamdaka, Tehsil Tijara, Distt. Alwar, Rajasthan.
                                                     ----Appellants/Claimants
                                    Versus
1.      Bintoo s/o Virendra Singh, R/o Budhpur, Police Station
        Saad Rewari, Distt. Rewari, Haryana
                        (Driver Of Vehicle Bolero No. HR 14F-2477).
2.      Ratan Singh Alias Ratan Lal S/o Mahaveer Singh, Aged
        About 49 Years, R/o Palda, Police Station And Tehsil Beri,
        Distt. Jhajjar, Haryana. (Owner Of Vehicle Bolero No. HR
        14F-2477).
3.      IFFCO TOKIO General Insurance Company Ltd., Through
        Chief Manager, Registered Office, IFFCO Sadan, C 1,
        Distt. Central, Saket, New Delhi 110017.
                                          ----Respondents/ Non Claimants

For Appellant(s) : Mr. Rajendra Kumar Sharma, Adv.

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

12/10/2022

This appeal has been filed by the appellants - claimants

(for short, 'the claimants') for enhancement of compensation as

awarded by the Tribunal vide its judgment dated 06.06.2022 in

claim case No.63/2017 titled as Sanjay Kumar (deceased) and

ors. vs. Bintoo and ors.

Learned counsel for the claimants submits that at the

time of accident deceased Santosh Devi was working in supreme

(2 of 2) [CMA-2467/2022]

factory at Khushkheda and was earning Rs.12,000/- per month

but the Tribunal has assessed her income at Rs.5,382/- per month

and that too only on the basis of 26 days. Hence, the impugned

judgment and award is liable to be modified and amount of

compensation is required to be enhanced accordingly.

Heard. Considered.

Although, the deceased was said to be working in a

factory at Khushkheda and was stated to be earning Rs.12,000/-

per month but in absence of any documentary evidence to this

effect, the Tribunal has considered her as an unskilled labour and

assessed her monthly income at Rs.5382/- on the basis of

minimum wages prevalent at the relevant point of time i.e. in the

year 2017, in the light of the judgment passed by the Apex Court

in the case of National Insurance Company Ltd. vs. Pranay Sethi

and Ors. (Special Leave Petition (Civil) No.25590/2014), and

rightly awarded a just compensation of Rs.8,91,000/-.

The findings arrived at by the Tribunal are just and

proper with which I fully concur.

For the aforesaid reasons, I find no force in this appeal

and the same stands dismissed accordingly.

(PRAKASH GUPTA),J

KuD/10

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